What is the purpose of the biological deposit requirement in patent applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The biological deposit requirement serves a crucial purpose in patent applications involving biological materials. According to MPEP 2406.01:

“Where an invention is, or relies on, a biological material, the disclosure may include reference to a deposit of such biological material.”

This requirement ensures that:

• The public can access and reproduce the claimed invention
• The patent specification meets the enablement and written description requirements
• The biological material is available for experimental verification and further research

By depositing biological materials, inventors provide a tangible reference that complements the written description, enhancing the clarity and reproducibility of their inventions.